How
Much to Hire an Architect
The
followings are some examples of the
scale of fee a Malaysian Architect will
charge. In general, architects fee
is calculated as a certain
percentage of the overall costs of
the project. The fee works on a
sliding scale. The higher the cost
of your project the lower the fee
percentage. The
type of project also affects the
fee. A simple building like a
multi-storey car park has a lower
category of fee than say, a shopping
complex. You can see the schedule of
fee listed below. Just scroll
further down.
Architect's
fee
structures
are typically based on a percentage
of construction value, hourly rates
or a fixed lump sum fee.
Combinations of these structures are
also common. Fixed fees are usually
based on an a project's allocated
construction cost and can range
between 2 and 12% of new
construction cost, depending on a
project's size and complexity.
Renovation projects typically
command higher percentages, as high
as 15-20%. Overall
billings for architectural firms
range widely, depending on location
and economic climate. Billings have
traditionally been dependent on the
local economic conditions but, with
rapid globalization, this is
becoming less of a factor for larger
international firms. Salaries also
vary, depending on experience,
position within the firm (staff architect,
partner or shareholder,etc.) and the
size and location of the firm.
What
to expect from an Architect
The
practice of architecture
involves offering or rendering
services that include pre-design
services, programming, planning,
providing designs, drawings,
specifications and other technical
submissions, the administration of
construction contracts and the
co-ordination of any elements of
technical submissions prepared by
others (such as by engineers) and
technical designers.
Architecture
is a business in which technical
knowledge, management, and an
understanding of business are as
important as design. An architect accepts
a commission from a client. The
commission might involve preparing
feasibility reports, building
audits, the design of a building or
of several buildings, structures,
and the spaces among them. The architect
participates in developing the
requirements the client wants in the
building. Throughout the project
(planning to occupancy), the architect
co-ordinates a design team.
Structural,mechanical, and
electrical engineers and other
specialists, are hired by the client
or the architect, who
must ensure that the work is
coordinated to construct the design.
Design
role
The architect hired
by a client is responsible for
creating a design concept that meets
the requirements of that client and
provides a facility suitable to the
required use. In that effort, the architect must
meet with and question the client
[extensively] to ascertain all the
requirements and nuances of the
planned project. This information,
called a "program", is essential to
producing a project that meets all
the needs and desires of the
ownerit is a guide for the architect in
creating the design concept. Architects deal
with local and federal jurisdictions
about regulations and building
codes. The architect might
need to comply with local planning
and zoning laws, such as required
setbacks, height limitations,
parking requirements, transparency
requirements (windows), and land
use. Some established jurisdictions
require adherence to design and
historic preservation guidelines.
Documentation
role
The architect has
the task and responsibility to
document the design concept in such
manner as to provide detailed
drawings and information used by the
various contractors, directly. In
this, there is a transition that is
required to convert design language
to construction terms and
information, directions and
instructions. This work requires a
large portion of the professional's
fee and extensive time for
production. The higher the quality
of these documents the more the
construction will be enabled and
facilitated. This is work that is
unavoidable and most necessary.
In
addition, the working drawings must
be accompanied by suitable
construction specifications. The two
sets of documents must be closely
coordinated, supplementary and
complementary, so as to be
inseparable [i.e., the project
cannot be built using just one set
of the documents]. The reason for
this is that some information is
easily [and better] depicted
graphically, while other data is
incapable of being depicted and must
be produced in written form.
Architects prepare
the technical or "working" documents
(construction drawings and
specifications), usually coordinated
with and supplemented by the work of
a variety of disciplines [i.e., with
varied expertise like mechanical,
plumbing, electrical, civil,
structural, etc.]engineers for the
building services and that are filed
for obtaining permits (development
and building permits) that require
compliance with building, seismic,
and relevant federal and local
regulations. These construction
drawings and specifications are also
used for pricing the work, and for
construction.
Construction
role
Architects
typically put projects to tender on
behalf of their clients, advise on
the award of the project to a
general contractor, and review the
progress of the work during
construction. They typically review
subcontractor shop drawings and
other submittals, prepare and issue
site instructions, and provide
construction contract administration
and Certificates for Payment to the
contractor (see also
Design-bid-build). In many
jurisdictions, mandatory
certification or assurance of the
work is required.
Depending
on the client's needs and the
jurisdiction's requirements, the
spectrum of the architect's services
may be extensive (detailed document
preparation and construction review)
or less inclusive (such as allowing
a contractor to exercise
considerable design-build
functions). With very large, complex
projects, an independent
construction manager is sometimes
hired to assist in design and to
manage construction. In the United
Kingdom and other countries, a
quantity surveyor is often part of
the team to provide cost consulting.
Alternate
practice and specializations
Recent
decades have seen the rise of
specializations within the
profession. Many architects and
architectural firms focus on certain
project types (for example, health
care, retail, public housing),
technological expertise or project
delivery methods. Some architects
specialize as building code,
building envelope, sustainable
design,historic preservation,
accessibility and other forms of
specialist consultants.
Many
architects elect
to move into real estate (property)
development,corporate facilities
planning, project management,
construction management, interior
design or other related fields
The
guide below explains the Conditions
of Hiring an Architect. Your
role as a Client and the role of the
Architect is
defined in the Memorandum of
Agreement. Issues such as payments,
types of services, disputes, other
consultants, etc are clearly spelled
out here. The example given is an
MOA between the government and the Architect. You
may use this MOA by substituting the
word Government with Client.
Contact us at: chin178@gmail.com
www.ArchitectChin.com
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MEMORANDUM
OF AGREEMENT
BETWEEN
THE
GOVERNMENT OF MALAYSIA
AND
FOR
PROFESSIONAL
ARCHITECTURAL SERVICES
MEMORANDUM
OF
AGREEMENT
Made
this
day of
BETWEEN THE GOVERNMENT OF MALAYSIA
(hereinafter called "the
Government") of the one part
AND
Ar. Chin Yuong Khiun
Practicing as architect
(s) at
CHIN ARCHITECT,
LOT 18, JALAN BUKIT PADANG /JALAN
BUNGA BUTANG,
BUKIT KERAMAT, 88300 KOTA
KINABALU, SABAH,
MALAYSIA
TEL:
+6-088-268205
FAX:+6-088-268207 HP:
+6-0198117088
E-MAIL: chin178@gmail.com
www.ArchitectChin.com
*under the style of (name of firm)
CHIN ARCHITECT
*Delete if not applicable
(hereinafter called"the Consulting Architect"
which expression includes the legal
representatives, successors in title
and permitted assigns) of the other
part
WHEREAS the Government intends to
construct and complete
(description of intended works)
(hereinafter
called "the Project")
AND
WHEREAS the Government is desirous
of appointing the Consulting Architect
to provide professional
architectural services for the
project.
NOW IT IS HEREBY agreed as follows: 1.
The
Government hereby appoints the
Consulting Architect to provide the
professional architectural
services for the Project subject
to and in accordance with the
Conditions of Engagement
hereinafter set out and the
Consulting Architect hereby accepts the
appointment for the purpose of
providing the professional
services for the same subject to
and in accordance with the
Conditions of Engagement.
2.
This
Memorandum of Agreement, the
Conditions of Engagement and the
Schedule to the Conditions of
Engagement (hereinafter called
"the Schedule") shall together
constitute the Agreement between
the Government and the Consulting
Architect
3.
In
consideration of the Consulting
Architect providing the
professional services required,
the Government hereby agrees to
pay the Consulting Architect in
accordance with the Schedule.
4.
The
intervals of payment shall be
monthly beginning from the
commencement of the Consulting
Architect's appointment.
IN
WITNESS WHEREOF the parties have
here into set their hands on the day
and year first above written.
SIGNED
BY
.)
.
.)
.
.)
..
for and on behalf of
Officers
signature
(THE
GOVERNMENT OF MALAYSIA)
in
the presence of
Name
.
...)
Address
..
.
.)
...
.
.
.)
.
..
.......
...
.
..)
Witness signature
....
...
..)
SIGNED
BY
........
.)
..
......
.)
...
.....
..
.
.
.)
....
..
for and
on behalf of
Ar Chin Yuong Khiun
in
the presence of
Name
.
...)
Address
..
.
.)
.
.)
..
.
..)
Witness signature
.
...
..)
BAM/JKR
FORM B (Revised 1/83)
CONDITIONS
OF ENGAGEMENT
OF
FOR
PROFESSIONAL
SERVICES
GENERAL
CONDITIONS
1.
DEFINITIONS
In
this Agreement unless the context
otherwise requires the following
expressions shall have the
meanings hereby assigned to them:
"Consulting
Architect" means the architect engaged by the
Government to perform the
professional services;
"Contractor"
means any person or persons, firm
or company under a contract with
the Government to perform the
Works or to supply goods in
connection with the Works or both
and includes a sub-contractor;
"Cost
of works" means cost ascertained
in accordance with the definition
contained in the Schedule hereto;
"multiplier"
includes a factor derived from the
elements covering annual salary,
fringe benefits including bonuses,
Employees Provident Fund and staff
saving funds, subscriptions to
professional institutions, leave,
medical aid and insurances,
seminars, conferences and
workshops, office administrative
charges and expenses including
rentals, telephones, telex and
postal charges, stationery,
subscriptions to journals,
promotion, training and
scholarships, transport costs,
legal and audit fees, bank
charges, idle time and profits;
but in the case of site staff
recruited specially for the
project, the multiplying factor
shall be derived from the elements
covering only the annual salary,
gratuity, Employees Provident
Fund, medical aid, insurances,
overheads and profits only;
"Project"
means the project for which the
Government has engaged the
professional services of the
Consulting Architect and of which the works
form a part;
"Schedule"
means the Schedule of fees annexed
to these Conditions of Engagement;
and
"Works"
means the works in connection with
which the Government has engaged
the Consulting Architect to perform professional services.
2.
DURATION OF ENGAGEMENT
(1)
The
appointment of the Consulting Architect shall commence from the
date of the Memorandum of
Agreement or from the time when
the Consulting Architect shall have begun to
perform for the Government any of
the professional services
described in this Agreement,
whichever is the earlier,
(2)
The
Consulting Architect shall not, without the
consent of the Government, assign
the benefit or in any way transfer
the obligations of this Agreement
or any part thereof.
(3)
If
at any time the Government decides
to postpone the Project, the
Government shall, by notice in
writing to the Consulting Architect terminate his
appointment under this Agreement,
provided that the Government may,
in lieu of so terminating his
appointment require the Consulting
Architect in writing to suspend
the carrying out of his
professional services under this
Agreement for the time being. In
such event, the Consulting Architect shall be paid in accordance with
clause 15 of the Schedule.
(4)
If
the Government does not require
the Consulting Architect to resume the
performance of his professional
services in respect of the
postponed Project within a period
of twelve (12) months from the
date of the Government's
requirement to the Consulting Architect to suspend the carrying
out of his professional services,
the Project shall be considered to
have been abandoned and this
Agreement terminated.
(5)
If
the Government fails to comply
with any of its fundamental
obligations under this Agreement,
the Consulting Architect may by not less than
sixty (60) days' notice in writing
to the Government terminate his
appointment under this agreement,
provided that, in lieu of so
terminating his appointment, the
Consulting Architect may:-
(a)
forthwith
upon any such failure suspend the
carrying out of his professional
services here under for a period
of sixty (60) days (provided that
he shall as soon as practicable
inform the Government in writing
of such suspension and the reasons
thereof);and
(b)
at
the expiry of such period of
suspension either continue with
the carrying out of his
professional services under this
Agreement or, if any of the
reasons for the suspension then
remain, forthwith in writing to
the Government terminate his
appointment under this Agreement.
(6)
The
Consulting Architect shall immediately
notify the Government in writing
of any situation or of the
occurrence of any event, beyond
the reasonable control of the
Consulting Architect which makes it
impossible for the Consulting Architect to carry out his
obligations here under. If the
Government agrees in writing that
any such situation or event
exists, the Government may
terminate this Agreement by giving
not less than thirty (30) days
written notice and shall pay such
charges due to the Consulting Architect up to the date of
termination of this Agreement as
are still outstanding at the time
of the situation or event. In the
event of disagreement between the
parties as to the existence of
such situation or event, the
matter shall be submitted to
arbitration in accordance with
Clause 4.
(7)
The
Consulting Architect shall, upon receipt of
any notice or requirement in
writing in accordance with
sub-clause (3) or the termination
by him of his appointment in
pursuance of sub-clause(5),
proceed in an orderly manner but
with all reasonable speed and
economy to take such steps as are
necessary to bring to an end his
professional services under this
Agreement.
(8)
Unless
terminated under this Clause the
Consulting Architect's appointment
under this Agreement shall
terminate when the Consulting Architect issues the certificate
authorizing the final payment to
the Contractor. Provided always
that in the event of arbitration
or other proceedings after the
completion of construction, if so
by the Government, the Consulting
Architect shall assist the
Government in any manner
whatsoever under the same
conditions of engagement as are
applicable to this Agreement.
(9)
Notwithstanding
any provision in this Agreement,
the Government may terminate this
Agreement at any time by giving
thirty (30) days written notice
and without assigning any reason.
(10)
Any
termination of the Consulting
Architect's appointment under this
Agreement shall not prejudice or
effect the accrued rights or
claims of either party to this
Agreement.
(11)
(a)
If any accident, failure or
other event occurs due to any
cause whatsoever to, in or in
connection with the Works or any
part thereof either during the
execution of the Works or during
the Defect Liability Period/Period
of Maintenance, the Consulting Architect shall immediately
report the accident, failure or
event to the Government, and
unless otherwise directed by the
Government generally or in any
particular respect, conduct a full
investigation into the said
accident, failure or event in
order to determine the cause or
reason for the accident, failure
or event and submit a report
thereon to the Government together
with his proposals for remedial
works in respect thereof.
(b)
The
Consulting Architect shall not, however,
cause remedial works to be carried
out in respect thereof until
directed to do so by the
Government in writing. And upon
being so directed the Consulting Architect shall proceed with the
remedial works within 14 days from
the date of such direction.
(c)
Where
the Government, its employee or
any person or body appointed or
authorized by it carries out any
investigation in relation to such
accident, failure or event, the
Consulting Architect shall render such
necessary assistance and
facilities as may be required by
the Government, its employee or
such person or body, including
giving access to all
specifications, designs, records
and other available information
relating to the Works. Nothing in
this Sub-clause, and nothing done
under this Sub-clause, shall in
any manner be construed as
derogating from the liabilities of
the Consulting Architect under Sub-clauses (a)
and (b).
3.
PROPRIETARY
RIGHTS OF THE GOVERNMENT IN
DOCUMENTS
(1)
All
reports and relevant data such as
maps, diagrams, plans, drawings,
statistics and supporting record,
or materials compiled or prepared
in the course of this Agreement
shall be the absolute property of
the Government' throughout their
preparation and at all times
thereafter. The Consulting Architect shall deliver all these
documents to the Government upon
the completion or earlier
termination of this Agreement. The
Consulting Architect may retain a copy of
such documents for his own record
but shall not use any confidential
information therein for purposes
unrelated to this.
(2)
The
Consulting Architect may with the consent of
the Government, for which consent
shall not be unreasonably
withheld, publish alone or in
conjunction with any other person
any article, photograph or other
illustration relating to the
Project.
(3)
The
Government reserves the right to
make use of all documents
including drawings and
specifications relating to the
Project at any nine it so wishes.
4.
SETTLEMENT
OF DISPUTES
(1)
If
at any time any question, dispute,
or difference of opinion shall
arise between the Government and
the Consulting Architect upon or in relation to
or in connection with this
Agreement or any part thereof,
either party may forthwith give to
the other notice in writing of the
existence of such question,
dispute or difference of opinion
and the same shall be referred to
the arbitration of a person to be
mutually agreed upon or failing
agreement within two months from
the date of the notice then to
such persons appointed by the
President of the Board of
Architects Malaysia and such reference
shall be deemed to be a submission
under the Arbitration Act 1952 and
any statutory modification or
re-enactment thereof for the time
being and the award of the
arbitrator shall be final and
binding upon the parties. Pending
the award of the Arbitration, the
Consulting Architect, upon being directed by
the Government at any time, shall
continue to perform the remaining
part of the services in accordance
with the programme as set out in
the works schedule and no payment
the liability for which is not an
issue or contingent upon the
results of the proceedings shall
be withheld on account of such
proceedings.
(2)
The
arbitration shall be held at the
Regional Centre for Arbitration at
Kuala Lumpur, using the facilities
and assistance available at the
Centre.
5.
OBLIGATIONS
OF THE CONSULTING ARCHITECT
(1)
The
Consulting Architect shall exercise all
reasonable skill, care and
diligence in the discharge of his
professional services. If in the
performance of his professional
services the Consulting Architect has discretion
exercisable as between the
Government and the Contractor, the
Consulting Architect shall exercise his
discretion fairly. The Consulting
Architect shall exercise
reasonable skill in providing
estimates of costs and time for
work to be completed by
Contractors and shall keep the
Government informed of any
material changes in the estimates
of costs and time.
(2)
The
Consulting Architect shall not divulge any
confidential information
communicated to or acquired by him
in the course of carrying out the
work, duties and obligations under
the terms of this Agreement. Such
information shall not be used by
the Consulting Architect on other projects
without the written approval of
the Government
(3)
The
Consulting Architect shall not have any
direct or indirect interest in any
of the construction or supply
contracts for the Project that are
the subject of this Agreement
without first divulging his
interests to the Government and
obtaining the written consent of
the Government.
(4)
Except
as the Government shall otherwise
specifically agree in writing, the
Consulting Architect shall not permit his
staff or subsidiary or associate
to engage in any activities
related to the Project other than
the specified professional
services.
(5)
The
Consulting Architect shall obtain the
written consent of the Government
before commencing his basic,
additional and special services as
specified herein.
(6)
The
Consulting Architect shall not accept any
tender in respect of the Project
unless the Government shall have
given him instruction in writing
to do so, and any acceptance so
made by the Consulting Architect
on the instructions of the
Government shall be on behalf of
the Government.
(7)
The
Consulting Architect shall not
without the prior written approval
of the Government give any
instruction which in the opinion
of the Consulting Architect arc
likely to increase the cost of the
Project unless the variations are
of an emergency nature and any
delay in carrying out such
variation work can cause claims
against the Government or involve
danger to life and property and in
the circumstanced it is
impracticable for the Consulting
Architect to obtain such approval.
In such circumstances, the
Consulting Architect shall seek
the approval of the Government as
soon as possible of such variation
works.
6.
REQUIREMENT
FOR OTHER PROFESSIONAL SERVICES
(1)
The
Consulting Architect shall advise
the Government on the need for
other consultants to be engaged
for any part of the Project and
unless otherwise agreed such other
consultants shall be engaged and
paid by the Government. The
Consulting Architect's fees shall
not be reduced by such engagement.
(2)
The
Consulting Architect may be
required to engage his own
consultants and if such engagement
is approved by the Government the
fees payable to such consultants
by Government shall be paid
through the Consulting Architect.
The Consulting Architect's fees
shall not be in any way reduced by
such engagement.
7.
RESPONSIBILITY
OF CONSULTING ARCHITECT
VIS-A-VIS OTHER CONSULTANTS
(1)
The
Consulting Architect shall,
whether the consultants are
engaged pursuant to Clauses 6(1)
or (2), instruct and co-ordinate
the consultants throughout the
Project so as to comply with the
project schedule.
(2)
Where
other consultants are engaged for
any part of the Project pursuant
to Clause 6(l) the Consulting
Architect shall not be liable for
any acts or omissions of the other
consultants or for any breaches of
the other consultant's contract
with the Government.
(3)
Where
other consultants are engaged for
any part of the Project pursuant
to Clause 6(2), the Consulting
Architect shall be solely
responsible for the performance,
acts or omissions of the other
consultants engaged. It is hereby
agreed that there shall be no
privity of contract between the
Government and the other
consultants.
8.
SUPERVISION
ON SITE
(1)
If
in the opinion of the Consulting
Architect the nature of the
Project warrants full time or
part-time supervision on site, the
Government shall not unreasonably
object to the appointment of such
site staff.
(2)
Persons
appointed pursuant to Sub-clause
(1) shall be either employed by
the Consulting Architect or, if
the Government and the Consulting
Architect shall so agree, provided
by the Government directly.
(3)
The
terms of service of all site staff
to be employed by the Consulting
Architect shall be subject to the
approval of the Government, which
approval shall not be unreasonably
withheld.
(4)
The
Government shall ensure that the
contracts of employment of site
staff employed by the Government
shall stipulate that the persons
employed shall act upon
instructions of the Consulting
Architect with regard to all
matters connected with the
execution of the Works under the
administration of the Consulting
Architect.
(5)
Site
inspection visits by the
Consulting Architect as described
in paragraph 3(d) (iv) of the
Schedule are entirely distinct
from the continuous and/or
detailed supervision which would
be secured by the employment of
full-time or part-time supervisors
on the site.
(6)
Only
the Consulting Architect or his
representative shall have
authority to give instructions to
the Contractor, resident
engineer/architect, superintending
engineer, clerk-of-works and/or
inspectors with regard to all
matters connected with the
execution of the Works under the
administration of the Consulting
Architect. All instructions from
the Government shall be given to
the Consulting Architect or his
representative.
9.
DELIVERY
OF DOCUMENTS TO THE GOVERNMENT
ON TERMINATION BY THE CONSULTING
ARCHITECT
In
the event of the termination of
this Agreement by the Consulting
Architect and upon the payment of
the sums determined under
paragraph 16 of the Schedule, the
Consulting Architect shall deliver
to the Government such completed
drawings, specifications and other
similar documents relevant to the
Project as are in the possession
of the Consulting Architect who
shall be permitted to retain
copies of any documents so
delivered to the Government.
10.
OBLIGATIONS
OF THE GOVERNMENT
(1)
The
Government shall, upon request,
supply to the Consulting
Architect. without charge and
within a reasonable time, all
necessary and relevant data and
information in the possession of
the Government including legal,
survey and other particulars of
the existing structures and
features, sub-surface conditions
and adjoining sites unless the
above matters are required to be
provided by the Consulting
Architect in the form of
additional or special services and
shall give such assistance as
shall reasonably be required by
the Consulting Architect in the
performance of his professional
services under this Agreement.
(2)
Any
data, report, map, photograph,
plan, drawing, record or
information given or forwarded by
the Government to the Consulting
Architect shall not relieve the
Consulting Architect of his
obligation under Clause 5(l). The
Government gives no warranty in
any manner whatsoever for the
data, report, map, photograph,
plan, drawing, record or other
information either as to the
accuracy or sufficiency or as to
how the same shall be interpreted
and the Consulting Architect when
he makes use of and interprets the
same, shall do so entirely at his
own risk and shall not constitute
a breach of obligation on the part
of the Government under Sub-clause
(1) if such data, report, map,
photograph, plan, drawing, record
or information is not accurate or
sufficient for the purpose of
performing the Consulting
Architect's obligation under this
Agreement.
(3)
The
Government shall give its decision
on all sketches, drawings,
reports, recommendations, tender
documents and other matters
properly referred to it for
decision by the Consulting
Architect in such reasonable time
so as not to delay or disrupt the
performance by the Consulting
Architect of his professional
services under this Agreement.
(4)
The
Government hall designate, if
necessary, a person authorized to
act on the Government's behalf in
respect of the Project.
(5)
The
Government shall issue
instructions to the Contractor
only through Consulting Architect
where such instructions pertain to
the scope of professional services
or where the instructions pertain
to the scope of professional
services of other consultants who
are directly engaged by Consulting
Architect for the purpose of the
Project.
(6)
The
Government shall pay all fees or
charges in connection with
submissions for town planning,
building or other proposals
required from the relevant,
authorities and shall do so within
a reasonable time so as not to
delay the progress of the Project.
11.
TYPES
OF SERVICES AND PAYMENT
(1)
The
Consulting Architect may be
engaged for the performance of any
or all of the professional
services as specified in the
Schedule.
(2)
For
the purpose of determining the
payment due to the Consulting
Architect under paragraph 15(1)
(a) of the Schedule following the
termination or suspension by the
Government of the Project in which
it is necessary to assess the
payment to be made by reference to
the cost of the Works, then to the
extent that such cost is not
known, the assessment shall be
made upon the basis of the
Consulting Architect's best
estimate of cost to be agreed to
by the Government.
(3)
Where
the Consulting Architect is of the
opinion that site staff should not
be appointed, or where the
necessary site staff is not
available at site due to sickness
or any other reasonable cause, the
Consulting Architect shall be paid
in accordance with paragraph 6 of
the Schedule for site visits which
would have been unnecessary but
for the absence or
non-availability of site staff.
(4)
All
sums due to the Consulting
Architect in accordance with the
terms of this Agreement, unless
disputed by the Government, shall
be paid within forty two (42) days
of the submission by the
Consulting Architect of his
accounts to the Government.
(5)
If
any item or part of an item of an
account rendered by the Consulting
Architect is disputed or subject
to question by the Government, the
payment by the Government in
respect of the undisputed amount
shall not be withheld on those
grounds and provisions of
Sub-clause (4) shall apply to such
amount.
SCHEDULE OF FEES
The
Consulting
Architect shall be paid the fees
prescribed herein.
1.
MEANING
OF COST OF WORKS
The
cost of works for the purpose of
calculating the percentage fees
shall include all builders' works
as set out in the Contract, all
Nominated specialists' or
Nominated sub- contractors" work
forming part of the Project but
shall not include administrative
expenses, costs incurred by the
Government under this Agreement,
interest or capital expended
during construction and the cost
of raising
money required for carrying out
the construction of the Works,
costs of lands, way leaves and
price variation arising from
escalation of prices and shall be
arrived at as follows :
(a)
for
completed works, the total final
cost of all works including
variations;
(b)
for
works not executed, the lowest
tender received less contingency
items, P. C. and Provisional Sums
for which no work has been
undertaken; and
(c)
for
works where tenders have not been
received, the latest estimate of
costs prepared by the Consulting
Architect and accepted by the
Government.
2.
TYPES
OF SERVICES
The
professional
services to be provided by the
Consulting Architect shall consist
of 3 types of services as follows:
(a)
the
basic services;
(b)
the
additional services, and
(c)
the
special services.
3.
BASIC
SERVICES
The
basic services to be rendered by
the Consulting Architect shall be
as follows:
(a)
Schematic
Design
Phase
This
phase comprises the following:-
(i)
taking
of instructions from the
Government to ascertain the
requirements and constraints of
the Work;
(ii)
preparing
preliminary sketch designs to
interpret the design brief;
(iii)
developing
the sketch designs to a stage
sufficient to enable applications
to be made for planning approval
or approval in principle in
connection with any specific
by-law;
(iv)
preparing
preliminary estimates of the
probable construction cost based
on current area volume or other
unit costs; and
(v)
where
applicable, submitting the
drawings to relevant approving
authorities for either town
planning oval or approval in
principle.
(b)
Design
Development Phase
This
phase comprises the following:-
(i)
upon
the approval of the proposals by
the relevant approving authority
or the Government, developing
schematic design drawings to a
stage to enable other independent
consultants to commence detailed
design work;
(ii)
preparing
working drawings and submitting
the same together with necessary
particulars to the relevant
approving authority to obtain the
statutory building approval;
(iii)
updating
of preliminary estimates of
construction costs; and
(iv)
preparing
a probable construction schedule
and submitting the same to the
Government for its approval.
(c)
Contract
Documentation
Phase
This
phase comprises the following:-
(i)
upon
the approval by the Government of
the updated estimates of
construction cost and probable
construction schedule, preparing
and finalizing drawings,
specifications and other
particulars necessary for the
preparation of the bills of
quantities by a quantity surveyor;
(ii)
preparing
all documents necessary for
obtaining competitive tenders for
the work;
(iii)
pre-qualification
of contractors;
(iv)
inviting,
on behalf of the Government,
tenders for the work or
collaborating with the quantity
surveyor engaged by the Government
to do so;
(v)
Evaluating
the results of the tender
including the merits of
alternative tenders and submitting
a report and recommendation to the
Government;
(vi)
awarding
the Contract on behalf of the
Government; and
(vii)
preparing the Contract
either alone or in collaboration
with other consultants appointed
by the Government for the
documents to be signed by the
Government and the Contractor.
(d)
Contract
Administration
and Supervision Phase
This
phase comprises the following:-
(i)
performing
all the functions conferred upon
the Consulting Architect under the
terms of the Contract;
(ii)
providing
all information and the issuing of
instructions to the Contractor to
enable the Contractor to proceed
with the works;
(iii)
examining
the construction schedule to
ensure that the works can
reasonably be completed within the
Contract period;
(iv)
providing
periodic supervision of the forks
so as to ensure that the Works are
being executed in accordance with
the Contract and to enable the
Consulting Architect to certify
the completion of the various
stages of the orks and issue the
necessary certificates in respect
of the Works in order to apply for
a certificate of fitness for
occupation from the relevant
approving authority;
(v)
where
necessary, applying for the
relevant certificate of occupancy
from appropriate authority;
(vi)
accepting
the building at the various stages
of completion on behalf of the
Government; and
(vii)
providing a set of
drawings showing the building as
constructed and attaining for the
Government the drawings of the
building services as installed and
recommendations on their
maintenance.
4.
SCALE
OF FEES FOR BASIC SERVICES
(1)
For
the purpose of calculating the
percentage fees to be charged for
providing the basic services,
buildings are classified under
three categories as follows:
CATEGORY
DESCRIPTION
BUILDING TYPES
1
Building of
exceptional
Air
terminal buildings
character and
complexity
Abattoirs
Chancery
buildings
Embassy buildings
Ferry
terminal buildings
Hospital (service, teaching,
central-support units or departments
to hospitals)
Individually designed houses
Legislative buildings
Mausoleums
Memorials
Monuments
Museums
Observatories
Palaces
CATEGORY
1 (Revised 2007)
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
250,000
25,000
300,000
30,000
400,000
40,000
500,000
50,000
[(Kos-500,000)
x 9.25%]+50,000
600,000
59,250
700,000
68,500
800,000
77,750
900,000
87,000
1,000,000
96,250
[(Kos-1,000,000) x 8.5%]+96,250
1,200,000
113,250
1,400,000
130,250
1,600,000
147,250
1,800,000
164,250
2,000,000
181,250
[(Kos-2,000,000)
x 7.75%]+181,250
2,200,000
196,750
2,400,000
212,250
2,600,000
227,750
2,800,000
243,250
3,000,000
258,750
3,200,000
274,250
3,400,000
289,750
3,600,000
305,250
3,800,000
320,750
4,000,000
336,250
TOTALPROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE
CALCULATION
(RM)
(RM)
[(Kos-4,000,000)
x 7.0%]+336,250
4,200,000
350,250
4,400,000
364,250
4,600,000
378,250
4,800,000
392,250
5,000,000
406,250
5,200,000
420,250
5,400,000
434,250
5,600,000
448,250
5,800,000
462,250
6,000,000
476,250
6,200,000
490,250
6,400,000
504,250
6,600,000
518,250
6,800,000
532,250
7,000,000
546,250
7,200,000
560,250
7,400,000
574,250
7,600,000
588,250
7,800,000
602,250
8,000,000
616,250
[(Kos-8,000,000) x 6.25 %]+616,250
8,200,000
628,750
8,400,000
641,250
8,600,000
653,750
8,800,000
666,250
9,000,000
678,750
9,200,000
691,250
9,400,000
703,750
9,600,000
716,250
9,800,000
728,750
10,000,000
741,250
12,000,000
866,250
14,000,000
991,250
16,000,000
1,116,250
[(Kos-16,000,000)
x 5.5%]+1,116,250
18,000,000
1,226,250
20,000,000
1,336,250
22,000,000
1,446,250
24,000,000
1,556,250
26,000,000
1,666,250
28,000,000
1,776,250
30,000,000
1,886,250
32,000,000
1,996,250
[(Kos-32,000,000) x 5.0%] +1,996,250
34,000,000
2,096,250
36,000,000
2,196,250
38,000,000
2,296,250
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
40,000,000
2,396,250
42,000,000
2,496,250
44,000,000
2,596,250
46,000,000
2,696,250
48,000,000
2,796,250
50,000,000
2,896,250
52,000,000
2,996,250
54,000,000
3,096,250
56,000,000
3,196,250
58,000,000
3,296,250
60,000,000
3,396,250
62,000,000
3,496,250
64,000,000
3,596,250
[(Kos-64,000,000)
x 4.5 %]+3,596,250
66,000,000
3,686,250
68,000,000
3,776,250
70,000,000
3,866,250
72,000,000
3,956,250
74,000,000
4,046,250
76,000,000
4,136,250
78,000,000
4,226,250
80,000,000
4,316,250
82,000,000
4,406,250
84,000,000
4,496,250
86,000,000
4,586,250
88,000,000
4,676,250
90,000,000
4,766,250
92,000,000
4,856,250
94,000,000
4,946,250
96,000,000
5,036,250
98,000,000
5,126,250
100,000,000
5,216,250
120,000,000
6,116,250
128,000,000
6,476,250
[(Kos-128,000,000)
x 4.25%]+6,476,250
140,000,000
6,986,250
160,000,000
7,836,250
180,000,000
8,686,250
200,000,000
9,536,250
220,000,000
10,386,250
240,000,000
11,236,250
256,000,000
11,916,250
[(Kos-256,000,000)
x 4.0%]+11,916,250
260,000,000
12,076,250
280,000,000
12,876,250
300,000,000
13,676,250
320,000,000
14,476,250
340,000,000
15,276,250
TOTALPROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE
CALCULATION
(RM)
(RM)
360,000,000
16,076,250
380,000,000
16,876,250
400,000,000
17,676,250
420,000,000
18,476,250
440,000,000
19,276,250
460,000,000
20,076,250
480,000,000
20,876,250
500,000,000
21,676,250
512,000,000
22,156,250
[(Kos-512,000,000)
x 3.75%]+22,156,250
520,000,000
22,456,250
540,000,000
23,206,250
560,000,000
23,956,250
580,000,000
24,706,250
600,000,000
25,456,250
620,000,000
26,206,250
640,000,000
26,956,250
660,000,000
27,706,250
680,000,000
28,456,250
700,000,000
29,206,250
720,000,000
29,956,250
740,000,000
30,706,250
760,000,000
31,456,250
780,000,000
32,206,250
800,000,000
32,956,250
820,000,000
33,706,250
840,000,000
34,456,250
860,000,000
35,206,250
880,000,000
35,956,250
900,000,000
36,706,250
920,000,000
37,456,250
940,000,000
38,206,250
960,000,000
38,956,250
980,000,000
39,706,250
1,000,000,000
40,456,250
CATEGORY
DESCRIPTION
BUILDING TYPES
2
Buildings of
average
Aquaria
complexity requiring
a
Art Galleries
moderate degree of
design
Assembly
Hall
and
detailing
Auditorium
Bakeries
Banks
Bowling alleys
Car parking structure (multi-story)
Cinema halls
Club houses
College buildings
Concert halls and facilities
Court
houses
Crematorium
Cafeteria
and Canteens
Civic
centers
Community
centers
Department
stores
Exhibitions/Exposition buildings
Fire stations
Flats (block of)/Apartment buildings
Gymnasium
Hotels
Housing
estates
Industrial buildings with
manufacturing and packaging
facilities
Kindergartens
Libraries
Marinas
Markets
Medical and Health clinics
Mixed
Residential/Commercial complexes
Motels
Nursing
homes
Office
buildings
Petrol service stations
Prisons
Post offices
Police stations
Prefabricated structures
Power stations
Recreational buildings and
facilities
Restaurants
Road transportation terminal
buildings
Religious buildings
Research buildings
School buildings (other than
Government
Primary and Secondary where standard
plans are
used)
Shop houses
Shopping centers/complexes
Skating rinks (covered/ice/roller)
Sport buildings
Stadium
Supermarkets
Telephone exchange buildings
University buildings
Veterinary clinics
CATEGORY
2 (Revised 2007)
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
250,000
18,750
300,000
22,500
400,000
30,000
500,000
37,500
(Kos-500,000)
x 7.0%]+37,500
600,000
44,500
700,000
51,500
800,000
58,500
900,000
65,500
1,000,000
72,500
[(Kos-1,000.000) x
6.5%]+72,500
1,200,000
85,500
1,400,000
98,500
1,600,000
111,500
1,800,000
124,500
2,000,000
137,500
[(Kos-2,000,000)
x 6.0%]+137,500
2,200,000
149,500
2,400,000
161,500
2,600,000
173,500
2,800,000
185,500
3,000,000
197,500
3,200,000
209,500
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
3,400,000
221,500
3,600,000
233,500
3,800,000
245,500
4,000,000
257,500
[(Kos-4,000,000)
x 5.5%]+257,500
4,200,000
268,500
4,400,000
279,500
4,600,000
290,500
4,800,000
301,500
5,000,000
312,500
5,200,000
323,500
5,400,000
334,500
5,600,000
345,500
5,800,000
356,500
6,000,000
367,500
6,200,000
378,500
6,400,000
389,500
6,600,000
400,500
6,800,000
411,500
7,000,000
422,500
7,200,000
433,500
7,400,000
444,500
7,600,000
455,500
7,800,000
466,500
8,000,000
477,500
8,000,000)
x 5.0%] +477,500
8,200,000
487,500
8,400,000
497,500
8,600,000
507,500
8,800,000
517,500
9,000,000
527,500
9,200,000
537,500
9,400,000
547,500
9,600,000
557,500
9,800,000
567,500
10,000,000
577,500
12,000,000
677,500
14,000,000
777,500
16,000,000
877,500
[(Kos-16,000,000)
x 4.75%]+877,500
18,000,000
972,500
20,000,000
1,067,500
22,000,000
1,162,500
24,000,000
1,257,500
26,000,000
1,352,500
28,000,000
1,447,500
30,000,000
1,542,500
32,000,000
1,637,500
TOTAL
PROJECT
BASIS
OF
MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
[(Kos-32,000,000)
x 4.5%]+1,637,500
34,000,000
1,727,500
36,000,000
1,817,500
38,000,000
1,907,500
40,000,000
1,997,500
42,000,000
2,087,500
44,000,000
2,177,500
46,000,000
2,267,500
48,000,000
2,357,500
[(Kos-48,000,000)
x 4.25%]+2,357,500
50,000,000
2,442,500
52,000,000
2,527,500
54,000,000
2,612,500
56,000,000
2,697,500
58,000,000
2,782,500
60,000,000
2,867,500
62,000,000
2,952,500
64,000,000
3,037,500
[(Kos-64,000,000) x 4.0%] +
3,037,500
66,000,000
3,117,500
68,000,000
3,197,500
70,000,000
3,277,500
72,000,000
3,357,500
74,000,000
3,437,500
76,000,000
3,517,500
78,000,000
3,597,500
80,000,000
3,677,500
[(Kos-80,000,000)
x3.75%]+3,677,500
82,000,000
3,752,500
84,000,000
3,827,500
86,000,000
3,902,500
88,000,000
3,977,500
90,000,000
4,052,500
92,000,000
4,127,500
94,000,000
4,202,500
96,000,000
4,277,500
[(Kos-96,000,000)
x 3.5%]+4,277,500
98,000,000
4,347,500
100,000,000
4,417,500
102,000,000
4,487,500
104,000,000
4,557,500
106,000,000
4,627,500
108,000,000
4,697,500
110,000,000
4,767,500
112,000,000
4,837,500
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
[(Kos-112,000,000)
x 3.25%]+4,837,500
114,000,000
4,902,500
116,000,000
4,967,500
118,000,000
5,032,500
120,000,000
5,097,500
128,000,000
5,357,500
140,000,000
5,747,500
160,000,000
6,397,500
180,000,000
7,047,500
200,000,000
7,697,500
220,000,000
8,347,500
240,000,000
8,997,500
260,000,000
9,647,500
280,000,000
10,297,500
300,000,000
10,947,500
320,000,000
11,597,500
340,000,000
12,247,500
360,000,000
12,897,500
380,000,000
13,547,500
400,000,000
14,197,500
420,000,000
14,847,500
440,000,000
15,497,500
460,000,000
16,147,500
480,000,000
16,797,500
500,000,000
17,447,500
520,000,000
18,097,500
540,000,000
18,747,500
560,000,000
19,397,500
580,000,000
20,047,500
600,000,000
20,697,500
620,000,000
21,347,500
640,000,000
21,997,500
660,000,000
22,647,500
680,000,000
23,297,500
700,000,000
23,947,500
720,000,000
24,597,500
740,000,000
25,247,500
760,000,000
25,897,500
780,000,000
26,547,500
800,000,000
27,197,500
820,000,000
27,847,500
840,000,000
28,497,500
860,000,000
29,147,500
880,000,000
29,797,500
900,000,000
30,447,500
920,000,000
31,097,500
940,000,000
31,747,500
960,000,000
32,397,500
980,000,000
33,047,500
1,000,000,000
33,697,500
CATEGORY
DESCRIPTION
BUILDING TYPES
3
Buildings
of the
simplest
Carports (single storey)
utilitarian
character
Farm buildings
School
buildings (Government Primary and
Secondary where
standard plans are used)
Simple industrial type
buildings
Storage
or Warehouse buildings
CATEGORY
3 (Revised 2007)
TOTALPROJECT
BASIS OFMINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
250,000
12,500
300,000
15,000
400,000
20,000
500,000
25,000
600,000
30,000
700,000
35,000
800,000
40,000
900,000
45,000
1,000,000
50,000
[(Kos-1,000,000)
x 4.75%]+50,000
1,200,000
59,500
1,400,000
69,000
1,600,000
78,500
1,800,000
88,000
2,000,000
97,500
[(Kos-2,000,000)
x 4.5%]+97,500
2,200,000
106,500
2,400,000
115,500
2,600,000
124,500
2,800,000
133,500
3,000,000
142,500
3,200,000
151,500
3,400,000
160,500
3,600,000
169,500
3,800,000
178,500
4,000,000
187,500
[(Kos-4,000,000)
x 4.25%]+187,500
4,200,000
196,000
4,400,000
204,500
4,600,000
213,000
4,800,000
221,500
5,000,000
230,000
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
5,200,000
238,500
5,400,000
247,000
5,600,000
255,500
5,800,000
264,000
6,000,000
272,500
6,200,000
281,000
6,400,000
289,500
6,600,000
298,000
6,800,000
306,500
7,000,000
315,000
7,200,000
323,500
7,400,000
332,000
7,600,000
340,500
7,800,000
349,000
8,000,000
357,500
[(Kos-8,000,000) x 4.0%]+357,500
8,200,000
365,500
8,400,000
373,500
8,600,000
381,500
8,800,000
389,500
9,000,000
397,500
9,200,000
405,500
9,400,000
413,500
9,600,000
421,500
9,800,000
429,500
10,000,000
437,500
12,000,000
517,500
14,000,000
597,500
16,000,000
677,500
[(Kos-16,000,000)x
3.75%]+677,500
18,000,000
752,500
20,000,000
827,500
22,000,000
902,500
24,000,000
977,500
26,000,000
1,052,500
28,000,000
1,127,500
30,000,000
1,202,500
32,000,000
1,277,500
[(Kos-32,000,000) x 3.5%]+1,277,500
34,000,000
1,347,500
36,000,000
1,417,500
38,000,000
1,487,500
40,000,000
1,557,500
42,000,000
1,627,500
44,000,000
1,697,500
46,000,000
1,767,500
48,000,000
1,837,500
50,000,000
1,907,500
TOTAL
PROJECT
BASIS
OF
MINIMUM
CONSTRUCTION
COST
FEE CALCULATION
(RM)
(RM)
52,000,000
1,977,500
54,000,000
2,047,500
56,000,000
2,117,500
58,000,000
2,187,500
60,000,000
2,257,500
62,000,000
2,327,500
64,000,000
2,397,500
[(Kos-64,000,000)
x 3.25%]+2,397,500
66,000,000
2,462,500
68,000,000
2,527,500
70,000,000
2,592,500
72,000,000
2,657,500
74,000,000
2,722,500
76,000,000
2,787,500
78,000,000
2,852,500
80,000,000
2,917,500
82,000,000
2,982,500
84,000,000
3,047,500
86,000,000
3,112,500
88,000,000
3,177,500
90,000,000
3,242,500
92,000,000
3,307,500
94,000,000
3,372,500
96,000,000
3,437,500
98,000,000
3,502,500
100,000,000
3,567,500
120,000,000
4,217,500
140,000,000
4,867,500
160,000,000
5,517,500
180,000,000
6,167,500
200,000,000
6,817,500
220,000,000
7,467,500
240,000,000
8,117,500
260,000,000
8,767,500
280,000,000
9,417,500
300,000,000
10,067,500
320,000,000
10,717,500
340,000,000
11,367,500
360,000,000
12,017,500
380,000,000
12,667,500
400,000,000
13,317,500
420,000,000
13,967,500
440,000,000
14,617,500
460,000,000
15,267,500
480,000,000
15,917,500
500,000,000
16,567,500
520,000,000
17,217,500
540,000,000
17,867,500
560,000,000
18,517,500
580.000.000
19,167,500
TOTAL
PROJECT
BASIS OF MINIMUM
CONSTRUCTION
COST
FEE
CALCULATION
(RM)
(RM)
600,000,000
19,817,500
620,000,000
20,467,500
640,000,000
21,117,500
660,000,000
21,767,500
680,000,000
22,417,500
700,000,000
23,067,500
720,000,000
23,717,500
740,000,000
24,367,500
760,000,000
25,017,500
780,000,000
25,667,500
800,000,000
26,317,500
820,000,000
26,967,500
840,000,000
27,617,500
860,000,000
28,267,500
880,000,000
28,917,500
900,000,000
29,567,500
920,000,000
30,217,500
940,000,000
30,867,500
960,000,000
31,517,500
980,000,000
32,167,500
1,000,000,000
32,817,500
(2)
Where the Consulting Architect is
engaged to render basic services
which entail repetitive works for
the purpose
of one
building contract where the
construction works are executed
within the same project site and the
same contract period,
the fees shall he computed as
follows:
Building
Units
Percentage of
Fees Based on
Total Construction Cost
For
the original unit
100% (full fees)
For
the 2nd
unit
40% of
full fees
For
the 3rd
unit
35%
of full fees
For
the 4th unit and subsequent
units
30% of full fees
(3)
Where the Consulting Architect is
engaged to render basic services
which entail repetitive work for the
purpose
of separate
building contracts where the
construction works are on different
sites or at different contract
periods, the fees shall
be computed as follows:
Building
Units
Percentage of
Fees Based on
Total Construction Cost
For
the original unit
100% (full
fees)
For
the 2nd
unit
65 % of
full fees
For
the 3rd
unit
55%
of full fees
For
the 4th unit and subsequent
units
45 % of full fees
(4)
Where the Consulting Architect is
engaged to render basic services
which entail repetitive work for housing
projects, the
fees shall he as agreed upon by the
Government and the Consulting
Architect.
5.
ADDITIONAL SERVICES
The
additional services to be rendered
by the Consulting Architect shall
be as follows:-
(a)
inspecting
and
advising on the selection and
suitability of sites, conducting
or taking part in negotiations
connected there with, taking
levels and preparing measured
drawing plans of sites, sites and
buildings or existing buildings;
(b)
inspecting,
reporting
and giving advice on the condition
of buildings;
(c)
preparing
schedules
of dilapidations for either the
landlord or the tenant, taking
particulars on site, preparing
specifications for repairs and
supervising the execution;
(d)
preparing
a
preliminary technical appraisal of
a project to enable the Government
to reach a decision on whether to
proceed and the form and content
that the Project shall take;
(e)
involving
in
special or protracted negotiations
for waivers and appeals and in
connection with applications for
town planning approvals or for
approvals under building by-laws
including applying for conversions
of and for development purposes,
zoning and densities;
(f)
amending
or
preparing new drawings or
producing information as a result
of the Government's instructions
to amend the content, scope,
design or details of a project,
building or part thereof after the
Project or building has been
approved and finalized; and
(g)
putting
in additional time or work due to
delays in the Contract beyond the
control of the Consulting
Architect.
6.
PAYMENT FOR ADDITIONAL
SERVICES
The
Consulting
Architect in performing any of the
additional services described in
paragraph 5 shall be paid fees
derived from a multiplier agreed
upon by the Government and the
Consulting Architect and the rates
based on the time basic system
currently adopted by the
Government.
7.
SPECIAL SERVICES
The
special
services to be rendered by the
Consulting Architect shall consist
of the following :-
(a)
preparing
detailed
development plans in connection
with housing or other development
based on a layout plan approved by
the relevant approving authority;
(b)
providing
full
interior design services including
the taking of instruction from the
Government; formulating the brief,
deciding on the themes, estimating
and establishing the budget and
implementation schedule, preparing
sketch layouts and studies,
preparing working and construction
drawings, details, schedules and
colour schemes, designing special
items of furniture where
appropriate or giving detailed
advice on the selection of
furniture, fittings and soft
furnishings, preparing tender
documents, obtaining tenders or
quotations and advising thereon,
accepting on behalf of the
Government offers for
implementation, preparing the
contract documents if necessary,
managing the contract, supervising
the works, and certifying the
works on completion;
(c)
serving
as
an expert or as an expert witness
in connection with litigation,
giving evidence, setting proofs,
conferring with legal counsel,
attending court or arbitration or
other inquiries;
(d)
serving
as
specialist consultant;
(e)
providing
town
planning services; and
(f)
providing
services
for renovation works.
8.
PAYMENT FOR SPECIAL
SERVICES
(1)
Where
the Consulting architect is
engaged to render special services
in the preparation of a
comprehensive development
layout plan as described in
paragraph7(a), the Consulting
Architect shall be paid fees
to be agreed upon by the
Government and the Consulting
Architect based on the time
basis system currently
adopted by the Government.
(2)
Where
the Consulting Architect is
engaged to render the special
services described in paragraphs 7
(b), (c), (d), (e) and (f), the
Consulting Architect shall be paid
fees, to be agreed upon by the
Government and the Consulting
Architect.
9.
REIMBURSABLE EXPENSES
In addition to the fees
payable to the Consulting
Architect for any of the services
rendered, the Consulting Architect
shall for the purpose of the
Project also be entitled to be
reimbursed for the following:
(a)
except
for one set of all documents to be
provided free of charge to the
Government at all phases of the
Project, all other printing,
reproduction or cost of all
documents, drawings, maps, models,
photographs and other records
including all those used in
communication between the
Consulting Architect and all other
consultants and contractors and
for the costs of all inquiries to
contractors, sub-contractors and
suppliers as expended;
(b)
hotel
and traveling expenses based on
the current Government rates not
exceeding that of a Government
Super scale 'G' officer's
entitlement;
(c)
expenses
incurred in connection with
advertisement of tender notices,
resident site or other staff
required for the Project and other
payments made on behalf of the
Government;
(d)
telegrams,
telexes, outstation telephone
calls, postage charges for sending
documents or other items at the
request of the Government, and
(e)
where
other consultants are engaged
directly by the Consulting
Architect with the prior approval
of the Government, the fees
payable to the other consultants.
10.
MODE AND TIME OF
PAYMENT FOR BASIC SERVICES
(1)
The
Consulting Architect shall be paid
for the basic services rendered
monthly in proportion to the
services rendered so that the
total fees paid at the completion
of each of the four phases shall
be equal to the percentages as
follows:
Upon
Completion of
Percentage Fee
Cumulative Percentage
Each Phase
For Phase
Fee for Phase
Schematic
Design
Phase
15%
15%
Design
Development
Phase
30%
45%
Contract
Documentation
Phase
25%
70%
Contract
Administration
and
30%
100%Supervision Phase
(2)
Where
the Consulting Architect has not
completed all the works described
under the Schematic Design Phase
but has only completed up to
paragraph 3 (a) (ii), the
Architect shall be paid based on
time charges as described in
paragraph 6.
(3)
For
the purpose of this, where the
Consulting Architect is engaged
only for the purpose of either the
Schematic Design Phase or the
Design Development Phase or the
Contract Documentation Phase or
any of the combination of the said
phases, the fees shall be computed
in accordance with this paragraph
subject to the appropriate
percentage fees applicable to the
respective phase as described in
sub-paragraph (1).
11.
MODE AND TIME OF PAYMENT
FOR ADDITIONAL SERVICES
The
Consulting Architect shall be paid
for the additional services
rendered and the reimbursable
expenses incurred at monthly
intervals upon presentation of the
Consulting Architect's accounts
thereof.
12.
MODE
AND TIME OF PAYMENT FOR SPECIAL
SERVICES
The Consulting Architect
shall be paid for the special
services rendered at intervals to
be agreed upon between the
Government and the Consulting
Architect at the time the
Consulting Architect is first
engaged.
13.
PAYMENT
FOR ALTERATION OR MODIFICATION
TO DESIGN
If
after the completion by the
Consulting Architect of his
professional services under
paragraph 3(a) at any time after
the execution of an agreement
between the Consulting Architect
and the Government, any design
whether completed or in progress
or any specification, drawings or
other document prepared in whole
or in part by the Consulting
Architect are required to be
modified or revised by reason of
instructions received by the
Consulting Architect from the
Government, or by reason of
circumstances which could not
reasonably have been foreseen by
the Consulting Architect, the
Consulting Architect shall be paid
an additional payment by the
Government in accordance with
paragraphs 6 and 9 for making any
necessary modification or revision
and for any consequential
reproduction of documents.
Provided that the Consulting
Architect shall only be paid for
any modification or revision to
the design after the Government
has given its agreement to the
final conceptual design.
14.
PAYMENT
WHEN WORKS ARE DAMAGED OR
DESTROYED
If at any time either
during the execution of the works
or before the Defect Liability
Period/Period of Maintenance any
part of the Works or any material,
plants or equipment whether
incorporated in the Works or be
damaged or destroyed not due to
the negligence on the part of the
Consulting Architect, the
Consulting Architect shall he paid
an additional payment in respect
of any expenses incurred or
additional work required by the
Government to be carried out by
the Consulting Architect as a
result of such damage or
destruction as provided in
paragraph 6, the amount of such
additional payment to be
calculated in accordance with
paragraphs 6 and 9.
15.
PAYMENT
FOLLOWING DELAY IN OR
POSTPONEMENT OF TENDERING,
TERMINATION OR SUSPENSION BY THE
GOVERNMENT
(1)
In
the event of the termination of
this Agreement (unless such
termination shall have been
occasioned by the default of the
Consulting Architect) or the
suspension of the Project by the
Government, the Consulting
Architect shall be paid the
following sums(less the amount of
payments previously made to the
Consulting Architect):
(a)
a
sum deducible from the percentage
of the Project completed up till
the time of termination or
suspension; and
(b)
amounts
due to Consulting Architect under
any other paragraphs of this
Schedule. Provided that the
Consulting Architect shall accept
the said payments by the
Government as full and complete
settlement of all his claims for
payment under or arising out of
this Agreement.
(2)
In
the event that the Consulting
Architect is required to
recommence the Project suspended
by the Government, the Consulting
Architect shall be paid for the
performance of his professional
services the sum payable to the
Consulting Architect under
paragraph 4, the payment under
sub-paragraphs (1) (a) and (b)
being treated as payment on
account.
(3)
Where
tendering for the Works (or any
part thereof) is or likely to be
delayed for more than twelve (12)
months or postponed at the request
of the Government, the Consulting
Architect shall be paid in
accordance with paragraph 10(1)
for works executed in paragraph 3
but the cost of works applicable
shall be the estimated cost of
works (or any relevant part
thereof) and agreed by the
Government at the time of
completion of design.
(4)
(a) Where the Project is suspended or postponed after the
tenders have been called, the fees
payable to the Consulting
Architect shall be computed on the
lowest acceptable tender less
contingency items, P.C. and
provisional sums for which no work
has been undertaken, provided that
where no acceptable tender is
received the fees shall be
computed on the estimate made by
the Consulting Architect and
agreed to by the Government of the
cost of the Works at the date of
calling tenders.
(b)
Where tenders are
recalled and the Project is
subsequently resumed, the fees
payable to the Consulting
Architect shall be as follows:
(i) Where the Consulting Architect has not
been paid under sub-paragraph (4)
(a) Schematic Design Phase, Design
Development Phase, Contract
Documentation Phase fees as
computed in sub-paragraph(4) (a);
and
(ii) Contract Administration and Supervision
Phase fees shall be computed on
the Contract sum of Project at the
time of resumption.
(5)
If
the Consulting Architect is
required to perform any additional
services in connection with the
resumption of his professional
services in accordance with
sub-paragraph (2) the Consulting
Architect shall be paid in respect
of the performance of such
additional professional services
in accordance with paragraphs 6
and 9.
16.
PAYMENT
FOLLOWING TERMINATION BY THE
CONSULTING ARCHITECT
In
the event of a termination by the
Consulting Architect, the
Consulting Architect shall be
entitled to be paid the sums
specified in paragraphs 15 (1) (a)
and (b), less the amount of
payments previously made to the
Consulting Architect.
Lembaga
Arkitek Malaysia
15
Februari 2008
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